Answer We regularly receive questions about whether a particular activity is considered unauthorized employment while in H1B status (or in H-4 status when the H-4 dependent does not have an EAD). Many of the questions involve grey areas of immigration law. Our general recommendation is that,...
Answer Assuming all three employer's petitions remain valid, it typically would be permissible to work for any of the employers. So, no, it would not be necessary to join employer B before joining employer C. (07.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer There is a bill that has been proposed in Congress to carry over about 90,000 unused immigrant visa numbers to the new fiscal year; however, at this point, it is merely a proposal. There is some bipartisan support for it in Congress, but, at this...
Answer In general, if a foreign national is granted H1B status or issued an H1B visa "stamp," that individual is considered to have been counted against the H1B cap. A foreign national who has been counted against the H1B cap, but has not used any H1B...
Answer Unfortunately, we do not yet have any updates on this rule. As we indicated on MurthyDotCom, although the rule was slated for release in September 2021, this date was subject to change. We are still hopeful that the rule will be released in the near...
Answer It is very difficult to say what Congress will do; however, we are still hopeful that the regional center program will ultimately be renewed. Based on recent events, it seems the most likely time for this to happen would be in December, with the regional...
Answer No, that is not correct. We do not have any way of tracking how many of these cases have been adjudicated by the USCIS, but we can confirm that at least some of the I-485 applications the Murthy Law Firm filed for I-140 downgrade cases...
Answer We cannot verify whether the specific call you received was legitimate, but we can confirm that we have recently received a number of legitimate calls like this from USCIS officers.To be clear, this is not how the USCIS normally operates. You should be skeptical of...
Answer No. In order to qualify for TN, one of the requirements is that the individual be a citizen of either Mexico or Canada. (23.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out. Rather,...
